Disposed

Krishna Moni Borah v. the State of Assam and 3 Ors.

Gauhati HC5 Feb 2020WP(C)/220/2020

Case brief

AI extract

What is this about?

Petitioner, a Statistical Assistant transferred away from his posted location, filed a writ petition challenging the order and seeking rehabilitation due to family separation. The court directed the Director of Social Welfare to dispose of his pending representation on family difficulties with reasoned order.

What did the court decide?

Directed Director of Social Welfare, Assam to dispose of petitioner's representation dated 16.12.2019 with reasoned order by 31.03.2020, considering posting him nearer to Bechimari if vacancies exist.

Krishna Moni Borah Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010007222020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 220/2020

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1:KRISHNA MONI BORAH

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S/O- LT. NITYANANDA BORAH, VILL. BISHNU NAGAR, P.O. MAZBAT, DIST.UDALGURI. PRESENT ADDRESS- SRI KRISHNA MONI BORAH, C/O- PINKU SAHA, VILL. GOPAL NAGAR, WARD NO. 7, P.O. AND P.S. KHARUPETIA, DIST- DARRANG, PIN- 784115.

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VERSUS

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1:THE STATE OF ASSAM AND 3 ORS

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REP. BY THE SECY., SOCIAL WELFARE DEPTT., DISPUR, GHY.-06.

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2:THE DIRECTOR SOCIAL WELFARE ASSAM BAL BHAWAN GHY.-1.

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3:THE CHILD DEVELOPMENT PROJECT OFFICER BECHIMARI ICDS PROJECT DARRANG.

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4:ALTAF HUSSAIN STATISTICAL ASSISTANT RANGAPARA ICDS PROJECT SONITPUR DIST- SONITPUR

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Advocate for the Petitioner : MR. P C DEY

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 05-02-2020

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Heard Mr. P. C. Dey, learned counsel for the petitioner and Mr. D. Nath, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1 to 3.

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Petitioner, a Statistical Assistant serving under the Director of Social Welfare Department, Assam, by an order dated 06.12.2019 was transferred from Bechimari Integrated Child Development Scheme Project, district Darrang and posted at Rangapara ICDS Project, district Sonitpur. By the said order dated 04.12.2019, the respondent No.4 was transferred from Rangapara ICDS Project and posted him in place of the petitioner (Annexure-A) with the observation that the respondent No. 4 shall move first. Being aggrieved with the same, the petitioner has preferred this writ petition.

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Petitioner submitted a representation before the Director of Social Welfare Department dated 16.12.2019 on 19.12.2019 for modification of his transfer order dated 06.12.2019 which is still pending for disposal, wherein he stated that his wife is serving as a Supervisor at Bechimari ICDS Project at Darrang district and they have a 2 years old child and it will be difficult on his part to serve in his new place of posting at Rangapara ICDS Project as there will be a serious breach in their family life, as he will not be able to take care of his family at Bechimari, which is about 150 Kms from Rangapara.

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In his said representation, the petitioner prayed before the authority to consider his difficulties and to post him in Pub-Mangaldai under Darrang district, where the person posted as Statistical Assistant is presently attached with the Directorate of Social Welfare.

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The petitioner, in the meanwhile, has joined in his new place of posting at Rangapara ICDS Project on 13.01.2020 in terms of the said transfer order dated 06.12.2019.

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Considering the above, this writ petition is disposed of directing the Director of Social Welfare, Assam, respondent No. 2, to dispose of the said representation of the

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Page No.# 3/3

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petitioner dated 16.12.2019 submitted on 19.12.2019 with a reasoned order on or before 31.03.2020, intimating him about the outcome of his said representation. The Director of Social Welfare, Assam, while disposing of the said representation of the petitioner, may consider to post him in any other vacant post of Statistical Assistant nearer to Bechimari subject to the availability of vacancy.

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The petitioner shall submit a certified copy of this order along with a copy of his said representation dated 16.12.2019 on or before 20.02.2020 and shall obtain necessary acknowledgment in that regard from the said authority.

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With the above observations and directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Krishna Moni Borah v. the State of Assam and 3 Ors.

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Krishna Moni Borah v. the State of Assam and 3 Ors.

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